Housing : being the annotated texts of The Housing Act, 1957 and the Housing (Financial Provisions) Act, 1958 / by J.D. James.

  • Great Britain
Date:
1958
Catalogue details

Licence: Public Domain Mark

Credit: Housing : being the annotated texts of The Housing Act, 1957 and the Housing (Financial Provisions) Act, 1958 / by J.D. James. Source: Wellcome Collection.

    75/596 (page 47)
    SECTION 8 House. For definition, see s. 189 (1), post. Forms part of his remuneration. Cf. the Agricultural Wages Act, 1948, s. 7 (56 Statutes Supp. 15; 28 Halsbury’s Statutes (2nd Edn.) 11), as to the reckoning of benefits and advantages as payment of wages for the purposes of that Act. By reason only of the house . . . not being let. When occupation is under a contract of employment, there may be not a letting but a licence (see e.g., Bomford v. South Worcestershire Assessment Committee, [1946] 2 All E.R. 80 at p. 81; affirmed, [1947] 1 All E.R. 299, C.A.; 2nd Digest Supp.). The words “ by reason only ’”’ imply that, if there had been a letting, the rent and other circumstances would have brought the contract for letting within s. 6 (1), ante. Person other than the employer. The employer may not be the owner of the house which he provides as part of his workman’s remuneration. The employer may, for example, himself hold the house under a lease; if so, the terms of that lease are preserved by the proviso to this section. 8. Information to be given to tenants of working-class houses.— In the case of any house which is occupied, or is of a type suitable for occupa- tion, by persons of the working classes, the name and address of the medical officer of health for the district and of the landlord or other person who is directly responsible for keeping the house in all respects reasonably fit for human habitation shall be inscribed in the rent book, or, where a rent book is not used, shall be delivered in writing to the tenant at the commencement of the tenancy and before any rent is demanded or collected; and, where there has been any failure to comply with the provisions of this section in respect of any house, any person who while the default continues demands or collects any rent in respect of the house as aforesaid shall on summary conviction be liable to a fine not exceeding forty shillings. NOTES History. This section contains provisions formerly in s. 4 of the Housing Act, 1936. General Note. Under this section it is an offence to demand or collect any rent, in respect of a house to which this section applies, unless certain information has been given to the tenant. The section applies to any house occupied by “‘ persons of the working classes ’’, or of a type suitable for such occupation. The required information is: (1) the name and address of the medical officer of health, and (2) the name and address of the landlord or other person “‘ directly responsible for keeping the house in all respects reasonably fit for human habitation ’’. This information must be inscribed in the rent book, if any; or whefe a rent book is not used must be delivered in writing to the tenant at the commencement of the tenancy. House. For definition, see s. 189 (1), post. Suitable for occupation. These words bring within the section houses of a type suitable for working class occupation (7.e., presumably, by reason of their size, value, situation, etc.) although the actual occupier may belong to some other class of society. The wording of some of the earlier Acts was narrower. Working classes. As to the meaning of this expression, see especially Green (H. E.) & Sons v. Minister of Health, [1947] 2 All E.R. 469, cited in Chapter 3 of the Introduction at p. 16, ante. See also Belcher v. Reading Corporation, [1949] 2 All E.R. g69 at p. 984; 2nd Digest Supp.; Re Sanders’ Will Trusts, Public Trustee v. McLaren, [1954] 1 All E.R. 667 at p. 669; 3rd Digest Supp.; and Guinness Trust (London Fund) Founded 1890 Registered 1902 v. Green, [1955] 2 All E.R. 871, C.A.; 3rd Digest Supp. Reference may also be made to London County Council v. Davis (1897), 62 J.P. 68; 26 Digest 510, 2149; Crow v. Davis (1903), 67 J.P. 319; 34 Digest 588, 88; White v. St. Marylebone B.C., [1915] 3 K.B. 249; 38 Digest 216, 507; andcf. Arlidge v. Tottenham Urban Council, [1922] 2 K.B. 719; 38 Digest 214, 489. Medical officer of health. See the note tos. 5, ante. Other person who is directly responsible. Presumably this is a reference to some person entrusted by the landlord with management of the house. It may, how- ever, be read as a reference to the ‘‘ person having control ”’ as defined in s. 39 (2), post, who is the person primarily regarded as responsible under later sections of this Part (Part II) of the Act, dealing with repair, demolition, closing, etc. If so, the rent col- lector, who may be an estate agent, solicitor, trustee or the like, is the person whose name and address should be given. In all respects reasonably. As mentioned in Chapter 3 of the Introduction, at Pp. 16, ante, similar words in various other sections of the Housing Act, 1936, were repealed by the Housing Repairs and Rents Act, 1954. This was no doubt connected with the introduction of the new list of matters to be regarded in deciding whether a house is unfit (s. 9 of the Act of 1954; nows. 4, ante). The qualifying words were not,